In a significant legal development, the California Supreme Court has upheld a lower court’s decision regarding the University of California’s employment policy. The policy, which prevents students without legal status in the U.S. from obtaining campus jobs, has been deemed discriminatory, prompting a call for its reassessment.
The university system’s representatives express concern over the implications of this decision, especially as they navigate negotiations with the Trump administration following the cessation of federal research funding.
Initiated in 2024, a lawsuit claimed that the University of California’s employment restrictions violated state law. This past August, the First District Court of Appeals found that the university had failed to sufficiently justify its exclusionary hiring practices, labeling them as discriminatory. Although the ruling did not abolish the policy, it mandated a reassessment using appropriate legal standards. The university escalated the matter to California’s highest court, which recently opted not to review the case.
Rachel Zaentz, a spokesperson for the university system, stated on Tuesday that the university is evaluating its options, noting that the court’s decision not to take up the case introduces “serious legal risks for the University and all other state employers in California.”
Amidst this, the University of California is also dealing with the suspension of federal grants under the Trump administration, alongside a demand for a $1 billion penalty linked to accusations of antisemitism and unlawful racial considerations in admissions at the Los Angeles campus.
Iliana Perez, a former lecturer at the University of California and a plaintiff in the case, encouraged the university to use the court’s decision as a chance to reevaluate its hiring policy. “The California Supreme Court’s decision not only reaffirms that discriminating against undocumented immigrants from accessing on-campus employment cannot continue to be tolerated,” Perez commented to the Los Angeles Times, “But it also gives UC the clarity to finally unlock life-changing opportunities for the thousands of immigrant students who contribute to its campuses, and to the state’s economy and workforce.”
The lawsuit highlighted the financial hurdles faced by students without legal status, who struggle to cover educational costs, including housing. Although eligible for state grants and tuition waivers, they are barred from federal financial aid, often driving them to seek informal or unsafe employment, as advocates have pointed out.
The University of California has expressed concerns that hiring students without legal status may expose campus employers to potential legal action and jeopardize the federal contracts crucial to the institution’s financial health, as outlined in a related analysis.
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